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Saturday, February 15, 2025

21-year-old woman murdered, then sex with corpse too… Supreme Court said- having sex with dead body is not rape

The Supreme Court in an important judgment on Tuesday (4 February 2025) refused to consider Necrophylia (sexual activity with the woman’s dead body) as rape. The court said that this is not a crime under rape under Section 375 of the Indian Penal Code (IPC). The apex court then rejected the appeal filed by the Karnataka government.

A bench of Justice Sudhanshu Dhulia and Justice Ahsanuddin Amanullah said that it is the job of Parliament to investigate the issue and make relevant changes in the law if necessary. The court said that the law does not consider necrophilia a crime. Therefore, he cannot intervene in the order to acquit the accused by the High Court.

Additional Advocate General Aman Panwar, appearing by the Government of Karnataka, argued that the dead body should also be included in the word ‘body’ under Section 375 (C). He said that the 7th details of the definition of rape have been said that a situation where Female consent Can not give, it will be considered rape. Thus, the dead body will not be able to give consent here.

Panwar said that the court should generously explain it to include bodies in Section 375. He also cited the 1995 decision of the apex court in the Pandit Parmanand Katara vs India Union case, stating that the rights of respect and proper behavior should also apply to the bodies.

He said that the International Courts of Supreme Court of Tennessee in the State vs. Brobac case have expanded similar punitive provisions to bring bodies under the purview of rape. However, the Supreme Court bench was not satisfied with the argument of Additional Advocate General Aman Panwar and dismissed the appeal.

Actually, this is the case of Karnataka. A 21 -year -old woman was killed by the accused in this case. He then had sex with the body. The trial court then convicted the accused for murder under Section 302 of the IPC and rape under Section 375 of the IPC. After this, the matter went to the High Court.

Hearing the case, the Karnataka High Court said in May 2023 that Necrophilia Under Section 375 of the Indian Penal Code, rape or unnatural sex under Section 377 does not come under the purview of crime. Therefore, the accused cannot be considered guilty of rape. After this, the High Court held the accused guilty of murder, but freed from the rape charge.

The High Court said that necrophyllia is a ‘psychological disorder’, which is classified into a group of disorders called ‘Parafilia’, DSM-IV (clinical and statistical manual of mental disorders). This includes pedophilia (sexual abuse of children), exhibitionism (showing their genitalia to an unknown person) and sexual self -reliance (feeling sex, harassment or despocation).

The court said, “It has been brought to our notice that in most government and private hospitals, especially the hostess appointed to guard the young women in the mortuary with the body. Therefore, the time has come for the state government to ensure that there is no crime that will maintain the dignity of the woman’s body. ”

The Karnataka High Court further said, “Unfortunately, no specific law has been enacted, including the provisions of the Indian Penal Code, with the aim of protecting the crime and her rights of a woman in India and maintaining her dignity.” The High Court asked the central government to enact a law to include the incident of rape of bodies in the category of rape.

The Karnataka government challenged the decision of the High Court to free the accused from the rape case. After hearing all the arguments, the Supreme refused to consider it as a rape and dismissed the Karnataka government’s petition. The Supreme Court described Parliament as the way for the law related to this.

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Sonu Kumar
Sonu Kumarhttp://newstiger.in
Stay up-to-date with Sonu Ji, who brings you fresh takes on breaking news, technology, and cultural trends. Committed to reliable reporting, Sonu Ji delivers stories that are both informative and engaging.

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